Police Department Problems: State Attorney Calls for Change at LPD

State Attorney Jerry Hill criticized the Lakeland Police Department on Thursday over a spate of issues and called on city leaders to evaluate the agency, suggesting they make changes.

By JOHN CHAMBLISS, JEREMY MAREADY & MATTHEW PLEASANTTHE LEDGER

LAKELAND | State Attorney Jerry Hill criticized the Lakeland Police Department on Thursday over a spate of issues and called on city leaders to evaluate the agency, suggesting they make changes.

"Sadly, we spent a disproportionate amount of time on Lakeland issues this year," he said, "and it's not prosecuting Lakeland's cases."

The criticism from the judicial district's head prosecutor came two days after he was made aware of problems in a DUI case.

In it, an LPD officer testified in court that he had a DUI suspect sign a mostly blank form then filled it in later, had another officer sign the sworn document days afterward without actually witnessing the signature and made changes to another report that had already been sworn to by the officer, potentially committing a criminal offense, according to court recordings reviewed by The Ledger.

Hill also discussed problems in an unrelated traffic stop made last month. In it, another LPD officer made what Hill called an illegal search of a woman's car. The officer also instructed the woman to lift up her shirt and shake out her bra, all in what Hill described as an unjustified search for drugs.

Hill also referenced broader issues with LPD, without delving into specifics.

Earlier this year, his office asked a grand jury to investigate LPD after Police Chief Lisa Womack told The Ledger the department sometimes played "cat and mouse" games with reporters when it came to releasing public records.

Hill's office is also working with FDLE in a criminal investigation involving multiple members of the department. That investigation is ongoing, and no further information was available on it Thursday.

"We don't go looking for issues with Lakeland," Hill said. "Every time we turn around, they seem to put one in front of us. And I am indeed concerned about the quality of what we're receiving from Lakeland."

Lakeland city leaders need "to determine if there's a more efficient, conceivably less expensive way to deliver a better product than what is now being provided," he said. He declined to clarify what he was suggesting.

"I am saying that one should be willing to analyze what they've got -- not be stubborn or dug-in about that process."

"Do you feel like they are?" a reporter asked.

"I think that Lakeland will make the right decision and get this matter squared away," Hill said.

CITY REACTION

City Manager Doug Thomas issued a written statement Thursday through a city spokesman.

"As City Manager, I, too, am deeply concerned with (the) number and scope of the various recent alleged incidents of wrongdoing by a number of Lakeland Police Department officers that have been reported by media outlets," he said.

"There clearly have been several alleged, highly irregular incidents involving LPD officers, but it is unfair to judge an entire department based on these isolated actions. ... I have confidence in Chief Womack and the LPD administration to fully investigate the various internal investigations that are underway in a manner consistent with all applicable policies, procedures and State Statutes."

Commissioner Howard Wiggs said he doesn't think the City Commission has been updated properly by city officials about the persistent issues. He said it's time for commissioners to meet with Thomas to search for solutions "and find out if we have the right leadership to get this mess straightened out."

He said while there are a number of good officers at LPD, there are clearly problems.

"We cannot lose confidence of the citizens," Wiggs said. "The city commission has to step forward and instruct Doug in this."

Commissioner Phillip Walker said he was disappointed in Hill's comment. He said Hill should attempt to work more closely with city officials.

"What is he doing to collaborate with the largest department in the county?" Walker asked. "We are doing our part to make sure we have a viable police department."

Commissioner Edie Yates said Hill should write a letter to city officials and commissioners detailing his issues with the department.

"To make a blanket statement like that is difficult for us to respond to as a public officials," she said.

Yates said the comments were troubling. "I'm always concerned when people outside the department who are in positions of authority make comments that our police department is not operating effectively and efficiently."

Commissioner Justin Troller said Hill was entitled to his opinion.

"There are some things that take place in any organization that should not describe the whole organization," Troller said. "Judgement shouldn't be cast so quickly on an entire organization."

Commissioner Don Selvage said he's concerned.

"Every week there seems to be something new coming up," Selvage said.

But Selvage cautioned against a rush to judgement.

"I have confidence in Doug Thomas that he will brief us accordingly," he said.

Lakeland Mayor Gow Fields could not be reached for comment. Commissioner Keith Merritt, who was out of town, declined comment.

DUI CASE

Problems with the DUI case Hill criticized came to light during a trial Tuesday. In it, Officer David Edds testified he frequently signs and has defendants sign incomplete DUI forms that he fills in later.

He was testifying in the case of Kenneth Scott Barber, who he arrested in October on a driving under the influence charge.

Following the first part of his testimony Tuesday, in which Edds told the court about how he changed a sworn affidavit, Lakeland defense lawyer Thomas Grajek asked Edds if he understood that doing so could be a felony and deferred to prosecutors to educate Edds on his Fifth Amendment rights not to incriminate himself.

Prosecutors quickly stopped the proceeding and addressed the judge.

"The state would argue that he (Edds) would have to be advised of various rights at this point, and it's not the state's obligation to represent him in this case," a prosecutor told Polk County Judge J. Kevin Abdoney.

Abdoney asked the officer if he needed to make a phone call. When he said "Yes," a recess was called.

The State Attorney's Office has served witness subpoenas for both Edds and Officer Justin Conaster, Assistant Chief of Police Larry Giddens said Thursday. Conaster's role in the case wasn't immediately known Thursday and officials at the State Attorney's Office declined to provide details.

"We are looking into the matter arising out of court (Tuesday)," Haas said. "We expect law enforcement to provide testimony that is honest and straightforward..

Edds, who is paid $41,692, was placed on paid administrative leave Thursday.

LPD administrators plan to conduct an audit of Edds' cases to see if there are any other problems or any "clerical errors," Giddens said. But it will be up to prosecutors to determine the fate of those cases.

Edds' testimony brought a rebuke from Judge Abdoney, who asked jurors and Edds to leave the courtroom after he heard some of Edds' testimony.

"Either this is an inexperienced officer who made some stupid mistakes and he's going to be drug through the mud and his career potentially seriously impacted," Abdoney told prosecution and defense lawyers, "or you have got a professional liar that the state is putting their professional stamp of approval on because of a lack of preparation."

When questioned about filling out a Breathalyzer refusal affidavit, Edds testified that in Barber's case he only provided one page of the form for Barber to sign the night he was arrested. Both Barber and Edds signed that page, swearing that the contents of the entire report, which is six pages long, were true.

Edds testified he didn't complete all pages of the form until days later. Then he had another LPD officer sign the document without swearing to its contents again, testimony showed.

The document reads: "I swear and affirm this report is true and correct to the best of my knowledge. Sworn before me this 5th day of October 2012."

Giddens said the proper protocol for LPD officers is to sign legal forms in the presence of the witness or notary.

Also in the case, Edds testified it appeared he had changed the time on the already sworn and signed form, which had already been turned in to the Polk County Clerk of Court, according to the court records. However, he testified that his handwriting was "sloppy" and "looks different from day-to-day."

"From the looks of this, it appears, yes, that is what happened," Edds replied.

Edds has been with the police department for two years and nine months.

Grajek also discussed another DUI case, which was heard about two weeks ago.

In that case, Grajek also was the defense lawyer and Edds the arresting officer, according to court records. In his testimony, Edds said it was his practice to sign reports and have other officers add their sworn signatures later, without witnessing Edds signature.

"That's how everybody in the country does it," Grajek read from Edds' court transcript.

But Edds testified he misunderstood Grajek's line of questioning, court records showed. "I was confused two weeks ago."

Grajek pointed out problems with the way Edds performed a sobriety test on Barber, and Edds admitted that at the time of that stop, he wasn't properly trained in how to give portions of the field sobriety test.

After a full day of testimony, Barber was found not guilty.

BRA-SHAKE SEARCH

The State Attorney's Office also investigated a May 21 traffic stop made by Officer Dustin Fetz after a letter about it appeared in The Ledger. Hill wrote Chief Womack this week criticizing the bra-shaking search method Fetz and other officers have used.

Fetz was placed on paid administrative leave for four days during the state attorney's criminal investigation, which found the problems identified didn't constitute criminal wrongdoing on Fetz' part. He returned to regular duty Tuesday, though there is an ongoing internal investigation.

Zoe Brugger, the woman involved, said Thursday that she's pleased LPD is doing its own investigation. "That's good enough for me right now.

"It was super humiliating. I was standing in the parking lot, people walking by, and I was doing all this for no reason."

Hill called the bra search "totally wrong" and said deficiencies in new-officer training were apparent.

"I don't think we should at all cost back-up sworn law enforcement if we perceive wrongs or improprieties," Hill said Thursday of his office's decision to investigate. "I think our function is to be as independent as possible, as thorough as possible, and then do the right thing."

Prior to Hill's news conference, LPD called its own. Womack didn't attend but had spokesman Capt. John Thomason read a statement reiterating that the department is investigating and takes the issues seriously.

But after Hill's comments, Womack sent out a statement saying much the same as Thomason. She promised a full disclosure of its findings.

"This department does not condone the alleged actions as have been reported in recent days and any officer proven to be involved in this type behavior will be dealt with accordingly," she said, "including possible termination."